Legislature(2015 - 2016)CAPITOL 120
01/28/2016 01:00 PM House MILITARY & VETERANS' AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Rural Engagement Initiative Utilizing the Alaska State Defense Force | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
January 28, 2016
1:07 p.m.
MEMBERS PRESENT
Representative Bob Herron, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Jim Colver
Representative Shelley Hughes
Representative Bob Lynn
Representative Max Gruenberg
Representative Chris Tuck
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
OVERVIEW(S): RURAL ENGAGEMENT INITIATIVE UTILIZING THE ALASKA
STATE DEFENSE FORCE
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
ROBERT DOEHL, Deputy Commissioner
Office of the Commissioner
Department of Military & Veterans Affairs
Joint Base Elmendorf-Richardson, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation
entitled, "Alaska State Defense Force Rural Initiative," and
dated 1/28/16.
ACTION NARRATIVE
1:07:10 PM
VICE CHAIR GABRIELLE LEDOUX called the House Special Committee
on Military and Veterans' Affairs meeting to order at 1:07 p.m.
Representatives LeDoux, Hughes, Gruenberg, Lynn, and Tuck were
present at the call to order. Representatives Herron and Colver
arrived as the meeting was in progress.
^OVERVIEW(S): Rural Engagement Initiative Utilizing the Alaska
State Defense Force
OVERVIEW(S): Rural Engagement Initiative
Utilizing the Alaska State Defense Force
1:07:40 PM
VICE-CHAIR LEDOUX announced that the only order of business
would be an overview of the Rural Engagement Initiative
Utilizing the Alaska State Defense Force.
1:08:31 PM
ROBERT DOEHL, Deputy Commissioner, Office of the Commissioner,
Department of Military & Veterans Affairs, introduced the Alaska
State Defense Force Rural Initiative, which has been developed
by the administration to expand the Alaska State Defense Force
(ASDF) in order to make the force more relevant to the homeland
security needs of Alaska. Mr. Doehl described ASDF as the
second least well-known component of DMVA, and said it was
created by AS 26.05.100 and is part of the state's organized
militia, along with the Alaska Army National Guard, the Alaska
Air National Guard, and the Alaska Naval Militia. Mr. Doehl
noted that the original language of the statute that created
ASDF also allowed for Scout units in the Western, Northwestern,
and Arctic regions of Alaska, and established legislative intent
for the force [slide 2]. Further, AS 26.05.070 applies if the
organization, or a part thereof, is placed into state active
duty.
REPRESENTATIVE HUGHES asked for the purpose of state defense
forces established in Alaska and elsewhere.
1:10:40 PM
MR. DOEHL explained that a state defense force is authorized by
32 U.S. Code (U.S.C.) Section 109, which is a reservation clause
that allows states to maintain a state militia solely for state
purposes. The state defense force of Alaska, and the other
states that have active forces, exist to perform state missions
beyond the ability of regular state governments and
municipalities, and are not subject to deployment or control by
the federal government. For example, ASDF would respond to an
event or disaster that is beyond the control of the normal
government structure, but to which the military does not
respond. Unlike the Alaska National Guard, ASDF is always under
state control, is 100 percent state funded, and members are
generally not paid for training - although they do receive
compensation for active disaster response and for exercises -
and receive minimal state equipment. He characterized members
of ASDF as unpaid, tremendous patriots who are dedicated to
Alaska and to the nation, and who are willing to take their own
time, and to sacrifice, in order to be prepared when they are
needed [slide 3].
1:13:06 PM
[VICE-CHAIR LEDOUX passed the gavel to Chair Herron.]
1:13:06 PM
REPRESENTATIVE TUCK asked Mr. Doehl for clarification on unpaid
training.
MR. DOEHL responded that members are not reimbursed for training
expenses.
REPRESENTATIVE LEDOUX inquired as to whether ASDF members are
subject to the Alaska Code of Military Justice.
MR. DOEHL referred to pending legislation that would place
members under the Alaska Code of Military Justice, but said they
are not at this time.
REPRESENTATIVE HUGHES expressed her appreciation for the
dedication of the members of ASDF, and asked for a description
of a typical defense force volunteer.
MR. DOEHL was hesitant to describe a typical member as they
represent a broad demographic with the common denominator of
dedication. As a whole, members tend to be individuals who are
more established in their careers and who often have previous
military experience. Members range from airline captains,
surgeons, and business leaders. Many are post-[the terrorist
attacks of September 11, 2001] service members, and many have
service-connected injuries that make it difficult to continue in
regular military service, so joining ASDF provides the means to
continue to serve.
REPRESENTATIVE HUGHES asked for the percentage of veterans in
the force.
MR. DOEHL estimated 75 percent veterans. He stressed that ASDF
also provides an opportunity for those who would like to serve
but who do not have a former military affiliation.
REPRESENTATIVE HUGHES restated her appreciation for the
volunteers' sense of duty.
1:17:58 PM
CHAIR HERRON asked whether volunteers are recruited.
MR. DOEHL responded that ASDF does not have recruiters and
generally creates awareness by word of mouth, or on its web
site.
1:18:57 PM
REPRESENTATIVE GRUENBERG asked for clarification on the
relevance of the Alaska Code of Military Justice.
MR. DOEHL further explained that proposed HB 126, in its current
form, would apply to ASDF; however, under current statute, the
Alaska Code of Military Justice is not applicable to ASDF
members.
REPRESENTATIVE GRUENBERG surmised that currently nothing governs
an offense committed by a member of ASDF while he or she is on
duty. He asked whether the state criminal code would apply.
MR. DOEHL answered that state and federal criminal laws apply to
members of the National Guard and ASDF. He acknowledged some
minimal administrative remedies are contained in the pending
legislation. In further response to Representative Gruenberg,
he confirmed that under present circumstances, administrative
action is possible.
REPRESENTATIVE GRUENBERG asked whether transportation and room
and board are covered for ASDF volunteers attending training
exercises.
MR. DOEHL said training expenses are paid by the volunteer,
unless called to a disaster or certain exercises, which may be
reimbursed. In further response to Representative Gruenberg, he
explained ASDF is not staffed in remote areas due to
transportation expense; however, the governor's initiative would
allow for members to participate in a local setting.
1:23:47 PM
REPRESENTATIVE GRUENBERG observed that currently, ASDF operates
as an urban organization.
MR. DOEHL concurred, and said ASDF has a presence in Juneau,
Soldotna, Valdez, Bethel, and Fairbanks.
REPRESENTATIVE HUGHES offered her understanding that the state
currently receives about $62 million from the federal government
for the Alaska National Guard, and ASDF receives state funds in
the amount of $30,000. She asked whether the Alaska Code of
Military Justice [if amended by pending legislation] would apply
to those training at their own time and expense.
MR. DOEHL informed the committee that DMVA's interpretation of
the pending legislation is that the Alaska Code of Military
Justice would apply to members during training, because of the
voluntary acceptance of personal jurisdiction provision.
REPRESENTATIVE LEDOUX added that the Alaska Code of Military
Justice would apply to members of the Alaska National Guard and
ASDF [24 hours per day, 7 days per week, 365 days per year],
whether they are training or not.
1:26:21 PM
REPRESENTATIVE LYNN asked whether there are age limits imposed
on the 86 members.
MR. DOEHL said there are no age limits, although he opined ASDF
does not have the statutory authority to accept someone less
than 18 years of age. In further response to Representative
Lynn, he said there are some women serving; also, the present
uniforms denote Alaska, but are undergoing a transition.
REPRESENTATIVE LYNN asked how often, and how many days, a member
typically serves in training or other kinds of duty.
MR. DOEHL answered that a typical member of ASDF serves 24 days
per year in training; in addition, there are exercises and
"actual call outs," which are determined by need and funding.
In further response to Representative Lynn, he explained
training consists of skills such as first aid, reconnaissance,
and special services.
REPRESENTATIVE LYNN asked what equipment is provided.
MR. DOEHL answered that a basic uniform kit is provided;
collective equipment has mostly been donated. He suggested
other collective gear necessary under the governor's rural
initiative would consist of communications gear, optics, and
mass disaster first aid kits. In further response to
Representative Lynn, he said ASDF does not have the authority to
request space-available flights, although members of the
National Guard can request space-available flights when in duty
status, and after retirement.
1:32:27 PM
REPRESENTATIVE LEDOUX inquired as to whether a volunteer on duty
is eligible for workman's compensation.
MR. DOEHL said a volunteer on state active duty and who is
participating in an exercise, or responding to a disaster, is
treated as a state employee at this time. In further response
to Representative LeDoux, he recalled an instance of an
individual who was not covered by workers' compensation,
therefore, a tort liability attached, and the incident was
resolved. He acknowledged that this is a significant issue.
REPRESENTATIVE LEDOUX surmised the injured person may have
actually been better off under the tort system.
MR. DOEHL advised that tort ligation provides for a broader
range of recovery, and the workers' compensation system provides
for more certainty of recovery at a lower level.
REPRESENTATIVE LEDOUX asked whether ASDF has a presence in
Anchorage.
MR. DOEHL replied that most Anchorage members participate at the
Alaska Army National Guard Alcantra Armory Complex in Wasilla;
however, a few participate at Joint Base Elmendorf-Richardson
(JBER). In further response to Representative LeDoux, he said
volunteers must demonstrate physical fitness for the duties they
would be performing, and there are non-commissioned officer
development courses, officer candidate school, and professional
development courses available to volunteers.
REPRESENTATIVE GRUENBERG expressed his concern about "the
ability to sue in National Guard situations." In 2003,
legislation was enacted which dealt with workers' compensation,
and he inquired as to the effect of the rural initiative.
MR. DOEHL said the rural initiative does not address the changes
in tort and workers' compensation law that were made in 2003.
In 2003, legislation clarified the applicability of a workers'
compensation remedy related to guard service, and clarified that
workers' compensation is not a remedy if a person was serving
under Title 32 U.S.C. at the time of an injury. The legislation
was in response to circumstances following a plane crash.
1:38:45 PM
REPRESENTATIVE GRUENBERG stressed that he is interested in
pursuing the aforementioned area, although "... we - for
political purposes - dropped it last week, but my interest
remains." He requested a briefing on the subject.
REPRESENTATIVE LYNN asked whether ASDF volunteers have access to
firearms and firearms training for personal self-defense.
MR. DOEHL informed the committee that ASDF was disarmed under
the Parnell Administration; prior to 2010, members provided
their own weapons for training. In further response to
Representative Lynn, Mr. Doehl said the administration's action
was in response to an outside investigation that was critical of
firearms policies and standards. He confirmed that after [the
terrorist attacks of September 11, 2001], ASDF volunteers were
assigned to secure key infrastructure points.
MR. DOEHL directed attention to slide 4 entitled, "Mission Task
List," and said DMVA envisions ASDF Scout Battalions will
perform missions that are vital to homeland security, and that
will also make them more capable to support Alaska in the event
of a mass disaster. He described the following missions: route
and zone reconnaissance; disaster response support; damage
assessment; movement and replenishment; medical station support;
community disaster pre-mitigation support; and Arctic
operations, survival, and movement training. The value ASDF
adds to Alaska is obvious: 80 percent of Alaska's reserve force
structure is located in Southcentral, a situation which limits
disaster response by region; in fact, the earthquake of 3/27/64
is an example of the problem created when disaster responders
are all located in one region, and outside assistance is needed.
Slide 5 entitled, "Value Added to Alaska," listed the following
values: distributed disaster response force; enhanced
resilience for disasters; domain awareness, in order to assess
remote regions such as the Arctic region; additional distributed
search and rescue resources; increased incident command systems
capability; resilient communications capability; transportation
expertise in austere environments; enhanced disaster evacuee
shelter support; and increased evacuee transportation
capability.
1:44:51 PM
MR. DOEHL displayed slide 6, "Task Organization ASDF,
(Provisional Scout BN)," and pointed out that the ASDF
organization would be comparable to the Alaska National Guard
Scout Battalions which were previously stationed in rural
Alaska, including battalion staff and an initial headquarters in
Bethel, with a Company dispersed nearby. Expansion from Bethel
into other rural areas would begin with Bravo and Charlie
Companies, which would be small entities placed in villages.
Slide 7 entitled, "Alaska State Defense Force Proposed Initial
Stationing," was a graph that depicted the stationing of a
distributed force, which could come together in a time of need,
or dispersed "as eyes and ears, and to enhance overall state
resiliency." In response to Chair Herron, he explained that
using the readiness center in Bethel to house battalion
headquarters would minimize cost, because ASDF can utilize the
National Guard facility, which is a very capable venue and is a
transportation hub.
CHAIR HERRON suggested that the committee should observe an ASDF
or National Guard mission.
MR. DOEHL agreed. In response to Representative Gruenberg, he
explained that HHC stands for Headquarters and Headquarters
Company; Headquarters is the entity that oversees functions, and
Headquarters Company houses the staff and support elements.
MR. DOEHL concluded, noting that Alaska has a long and proud
tradition of a dispersed group of volunteers serving the entire
state, thereby meeting the needs of homeland security and
disaster response and preparation. He advised that DMVA seeks
to increase Alaska National Guard participation in rural Alaska;
however, there is "a gap that we need to fill now," and the ASDF
rural initiative proposed by the administration is a vehicle to
meet that gap.
CHAIR HERRON told a personal story related to the Alaska
Territorial Guard. He then inquired as to whether the Alaska
State Defense Force Rural Initiative request was included in the
budget before the House Finance Committee Subcommittee on
Military and Veterans' Affairs.
MR. DOEHL answered yes, the initiative request consists of two
parts: $1.3 million is a change record request to fund the
operations of establishing "the new" ASDF; the logistics,
equipment, and supply procurement is a separate capital budget
item of $1 million. In further response to Chair Herron, he
said, "... whatever amount is allocated for this personal change
record, we will build out as much as we can with it. It's a
matter of scale and what we can afford ...."
1:51:42 PM
REPRESENTATIVE TUCK asked whether ASDF was deployed during the
snow emergency in Cordova.
MR. DOEHL said Alaska National Guard in state active duty
members responded in Cordova; he pointed out that pay ranges for
ASDF members, to do the same job in state active duty, are lower
than those of military pay rates.
REPRESENTATIVE TUCK inquired as to how decisions are made on
whether ASDF is deployed versus the Alaska National Guard.
MR. DOEHL explained that under AS 26.05.070, when the governor
seeks to mobilize a portion of the organized militia, the first
step is a recommendation from the Division of Homeland Security
and Emergency Management, DMVA, as to the specific mission or
need, such as firefighting.
REPRESENTATIVE LEDOUX returned attention to slide 6, and
expressed her understanding that the four state active duty
positions illustrated therein are not presently funded.
MR. DOEHL said correct. He explained:
If [the Alaska State Defense Force Rural Initiative]
is funded, this would be the backbone using state
active duty funding, not creating PCNs or creating
positions of tenure, but rather, as funding is
available to implement this, to make sure that we have
good accountability and internal controls for the use
of funds, for the use [and] distribution of equipment,
and making sure the design and participation - the
exercises - [are] appropriate to the mission.
REPRESENTATIVE LEDOUX surmised DMVA is not asking for money in
the budget to fund these positions now.
MR. DOEHL clarified that DMVA included the positions in the
proposal in order to facilitate mission development in Western
Alaska.
CHAIR HERRON expressed his support for the initiative, although
its passage may be hampered by fiscal reality.
1:55:15 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 1:55 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| House MVA 1.28.16 - ASDF Rural Initiative Briefing FINAL.pdf |
HMLV 1/28/2016 1:00:00 PM |